| Will the MLB and NFL sue if they show games? Will the MLB and NFL sue if they show games? |
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 LinklistPremium
join:2002-03-03
Williamstown, NJ
kudos:5
3 edits | Appeals court stopped preliminary injunction;not the lawsuit The Appeals court stopped the preliminary injunction and not the actual lawsuit. So this didn't end the fight, just postponed it for awhile. I wouldn't call it a MAJOR WIN like Karl.
The full trial is coming:
»www.nytimes.com/2013/04/02/busin···-tv.html
While the broadcasters have lost in New York’s federal courts so far, they have won a district court case in California last December against an Aereo-like service named Aereokiller, backed by the billionaire Alkiviades David.
Another appeals court judge, Denny Chin, dissented on Monday, calling Aereo’s antenna workaround “a Rube Goldberg-like contrivance, overengineered in an attempt to avoid the reach of the Copyright Act and to take advantage of a perceived loophole in the law.” He concluded that the Aereo streams to subscribers were “public performances” and thus violations of copyright. |
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 morboComplete Your Transaction
join:2002-01-22
00000 | It's not stealing A group of broadcasters, including Fox and PBS, immediately issued a statement calling the ruling "a loss for the entire creative community," adding that "the court has ruled that it is ok to steal copyrighted material and retransmit it without compensation." Commercials are transmitted with Aereo, so how exactly is this stealing? It's only stealing if antenna users are also stealing. |
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me1212
join:2008-11-20
Pleasant Hill, MO | If thats stealing, then I don't want to know what it I do when I watch DVR'd OTA shows with my friends, who don't live with me, and skip the comercials. |
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| said by me1212:If thats stealing, then I don't want to know what it I do when I watch DVR'd OTA shows with my friends, who don't live with me, and skip the comercials.
You should be considered an economic terrorist. You're stealing from hard working network executives who are just trying to support their families. You should be shipped off to Gitmo. Sorry... couldn't resist 
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MNSi Internet - »www.mnsi.net |
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Yeah those nice starving ex's familily members that have to suffer eating Regular beef instead of fillet Mignon...How Dare you..LOL but I like it |
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KearnstdElf WizardPremium
join:2002-01-22
Mullica Hill, NJ | And the kids that might have to driven to school in a BMW instead of a Rolls Royce!
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports |
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| PBS, too, eh? Even so, broadcasters should be paying us to watch their ad-driven drivel. |
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| reply to Linklist
Re: Appeals court stopped preliminary injunction;not the lawsuit Exactly. Those calling this a "major win" are not aware of (or are ignoring because it suits their narrative) the actual legal status. What's in play right now is a preliminary injunction, not a final ruling. The legal requirements to get a preliminary injunction are much more strict than those required to get a final judgement. |
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| reply to morbo
Re: It's not stealing Commercials have nothing to do with copyrighted material. It's illegal to copy and reuse copyrighted material, regardless of whether you include the commercials or not. |
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| reply to me1212
DVRing shows for personal use in your home is not illegal, whether you fast forward through the commercials or not. This was established long ago in the Betamax case. |
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 RARPSL
join:1999-12-08
Suffern, NY | reply to me1212
said by me1212:If thats stealing, then I don't want to know what it I do when I watch DVR'd OTA shows with my friends, who don't live with me, and skip the comercials.
You have the right to skip the commercials (or leave the room while they are playing). All the sponsor buys is the right to have their ad transmitted so it can be potentially viewed - Not the right to force it to actually be viewed. So long as the commercial is actually transmitted and recorded (if the show is not being viewed in real time) they have gotten what they paid for. |
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 FBGuyPremium
join:2005-03-19
Evanston, IL | reply to NotHereNow
Re: PBS, too, eh? they should |
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| reply to MyDogHsFleas
Re: Appeals court stopped preliminary injunction;not the lawsuit This is true. Basically, all the court is saying is that the broadcasters' case isn't an absolute slam dunk. They may still win, but they might also lose.
IMHO, if Aereo had been smart, they would have declared that they were going to launch a TV service and deliver it over the Internet, stating that it will only offer retransmission of broadcast channels and no cable channels, then ask the broadcasters if they choose must carry or retransmission consent. This would have put the broadcasters' parent companies in an incomfortable position. Since they routinely demand carriage of their whole channel portfolios in order to get a particular channel, they might try that tactic, but then Aereo could have argued that they aren't interested in offering cable channels, only broadcast channels for those who can't get good reception. OTOH, they could try and jack up their retrans rates in order to keep Aereo out of the market, but then they could be accused of unfairly discriminating against it. I'm not saying either of these approaches would have triggered a lawsuit, but Aereo could have gotten much mileage out of them in terms of making the broadcasters look like greedy slimeballs who are trying to keep a new competitor out of the market. |
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KearnstdElf WizardPremium
join:2002-01-22
Mullica Hill, NJ | reply to MyDogHsFleas
Re: It's not stealing said by MyDogHsFleas:Commercials have nothing to do with copyrighted material. It's illegal to copy and reuse copyrighted material, regardless of whether you include the commercials or not.
However it is not a copy, It is a format conversion from an OTA Antenna to a stream. And it is technically only available in the broadcast area.
That is why this case is not open and shut in the courts. If it were just about copyright it would be case closed for Aero.
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports |
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| coming to Miami They say they are coming soon to Miami.
I will be one of their first customers. |
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| Fast forward a year or two from now... In other news Barry Diller was arrested for tax evasion/fraud. This is how it always ends for people who go against the big dogs. |
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| reply to morbo
Re: It's not stealing said by morbo:Commercials are transmitted with Aereo, so how exactly is this stealing? It's only stealing if antenna users are also stealing.
OK so let's think of it another way.
Let's say an ice cream truck is giving away free ice cream. You come up and you get as much as you want.
But then you decide to break into the ice cream store (owned by the same company) and simply take as much as you want.
Is the latter stealing or not?
Another thing is that I can see Aereo's workaround as being clever and proper but it really does defy the laws of physics. How does a dime sized antenna in an electrically noisy datacenter pick up anything? |
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Re: PBS, too, eh? said by NotHereNow :Even so, broadcasters should be paying us to watch their ad-driven drivel.
If it's so bad then why are so many people watching?
If it's so bad then why do people torrent shows? |
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BiggA
join:2005-11-23
EARTH | reply to MyDogHsFleas
Re: It's not stealing Except that Aereo is doing it on a 1:1 basis, so it is just like a community antenna. Are condo community antennas now illegal too? Didn't think so. |
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